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UNITED STATES EX REL. MILLER v. LaVALLEE

No. 69-C-883.

320 F.Supp. 452 (1970)

UNITED STATES ex rel. Edward Stanley MILLER and Joseph T. Quinones, Petitioners, v. J. E. LaVALLEE, Warden of Clinton Prison, Respondent.

United States District Court, E. D. New York.

July 29, 1970.

Attorney(s) appearing for the Case

Edward Stanley Miller, pro se.

Michael E. Timm, New York City, for petitioner Quinones.

Louis J. Lefkowitz, Atty. Gen., New York City, for respondent, by Stephen P. Seligman, Asst. Atty. Gen., of counsel.

JUDD, District Judge.

MEMORANDUM AND ORDER

In this habeas corpus proceeding by a state prisoner, the principal question is whether pretrial identification was improperly suggestive.

Both petitioners were convicted of robbery in the first degree after a jury trial in the Supreme Court, Queens County. They were charged with holding up a bar and grill at gunpoint in March, 1962. The question of identification was crucial, since there was no other clear...

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